Manual scavenging a law without enforcement the csr. Manual scavenging act and municipal wastewater workers in. Manual scavenging is a caste, human dignity and a gender problem which many times is treated as a sanitation issue. The 1993 act prohibiting manual scavenging defines manual scavenger as a person engaged in or employed for manually carrying human excreta. The prohibition of employment as manual scavengers and their.
In november 2012, when gangashri along with 12 other women in parigama village in uttar pradeshs mainpuri district voluntarily stopped cleaning dry toilets, men from the dominant thakur caste came to their homes and threatened to deny them grazing. The act also stipulates a jail term of up to one year with a fine of rs 50,000 who engages manual scavengers that would rise to up to two years and rs one lakh for a repeat offender. Manual scavenging is a term used mainly in india for the manual removal of untreated human excreta from bucket toilets or pit latrines by hand with buckets and shovels. Despite passing laws like the employment of manual scavenging and construction of dry latrines prohibition act in 1993 which was revised two decades later in 20, manual scavenging continues to dig its claws into the social ecosystem of different parts of india. The prohibition of employment as manual scavengers and their rehabilitation act 20 or m. In simple terms, untreated human excreta are removed from pit latrines or bucket toilets using buckets or shovels by hand. Manual scavengers and their rehabilitation act, 20. Feb 15, 2020 some women said they faced threats of violence when they refused to practice manual scavenging. Jun, 2016 stringent anti manual scavenging bill passed pti new delhi, september 08, 20 03. Indias female scavengers enslaved by caste, gender discrimination. Activists say the new billthe prohibition of employment as manual scavengers and their rehabilitation bill, 2012lacks teeth and clarity, and, therefore, it is unlikely to secure a living for manual scavengers. Going back to the 20 act, he points out, there is a directive that manual scavengers must wear protective gear while working, which should be given by the government but it hasnt. Manual scavenging is the act of cleaning sewers or removal of waste from toilets without the use of safety equipment.
After 25 years of broken promises, india is counting its manual scavengers. By keeping above objectives in view, this study begins with the introduction of labour welfare, meaning and problem of manual scavenging, evaluation of anti manual efforts of the government and reasons for failures of the government measures and continuance. Manual scavenging, a euphemism for disposing of faeces from dry toilets and open. The bill prohibits the employment of manual scavengers, the manual cleaning of. Municipalities dont have enough funds to use machines for cleaning the sewers and also to provide safety gear. The bill prohibits the employment of manual scavengers, the manual cleaning of sewers and septic tanks without protective equipment, and the construction of insanitary latrines. Aug 25, 2014 the 20 act outlaws all forms of manual scavenging, beyond just dry latrines, prescribes penalties for those who perpetuate the practice, protects those who actually engage in it, and obligates.
Manual scavenging international dalit solidarity network. Jan, 20 previously, the ministry of social justice and empowerment had introduced the prohibition of employment as manual scavengers and their rehabilitation bill, 2012 in the monsoon session of the parliament under grave pressure by the supreme court to prioritize the elimination of the dehumanizing practice of manual scavenging. Manual scavenging, with its definition limited to cleaning of dry latrines, was outlawed in the country in 1993. The act which was passed in 1993, was again amended in 20 to form the prohibition of employment as manual scavengers and their rehabilitation act. Read all news including political news, current affairs and news headlines online on manual scavenging act. Be it enacted by parliament in the sixtyfoufih year of the republic of india as follows. The act allows manual scavenging if the employer provides protective gear. In november 2012, thousands of dalit women started a 63day long national march maila mukti yatra, for eradication of manual scavenging under the rashtriya garima abhiyan banner, demanding comprehensive rehabilitation of people who have been forced into manual scavenging. Manual scavenging is a castebased and hereditary occupation for dalits. The manual scavenging act, 1993, has existed for the last 19 years. Manual scavenging is a term used mainly in india for manually cleaning, carrying, disposing of. So far, there has been no prosecution, no firs, no punishment, no public awareness about the act. The employment of manual scavengers and construction of dry. The manual scavenging bill2012 a critical analysis.
The occupation persists mainly because of the continued presence of insanitary latrines. Find details about the prohibition of employment as manual scavengers and their rehabilitation act, 20. Pdf the prohibition of employment as manual scavengers and. Act, inquire into complaints of contravention of the act and advice the central and state government on effective. Org prohibition of employment as manual scavengers. This act intends to, inter alia, achieve its objectives to. Aug 27, 2012 the union government on monday told the supreme court that the cabinet had cleared the prohibition of employment as manual scavengers and their rehabilitation bill, 2012. There could be an argument for parliaments jurisdiction to enact this bill as this regulates conditions of work, and is thus a concurrent list item. Gautam added that the instructions had been issued to all district magistrates to complete the survey on the number of persons engaged in manual scavenging, as the act mandates. Manual scavenging is a term used mainly in india for manually cleaning, carrying, disposing of, or otherwise handling, human excreta in an insanitary latrine or in an open drain or pit. In september 2012, a new bill on the prohibition of employment as. The bill has a wider scope for higher penalties than what was provided under the 1993 act. Scavenging is the practice of manual cleaning of human excreta from service dry latrines.
Critical analysis of law on manual scavenging in india by. Stringent antimanual scavenging bill passed the hindu. The women safai karamcharis manual scavengers asked the. The prohibition of employment as manual scavengers and their rehabilitation bill, 2012 1. The women safai karamcharis manual scavengers asked the dc to.
The prohibition of employment of manual scavengers and rehabilitation act 20 defines a manual scavenger as an individual employed by a local authority or agency for manually cleaning, carrying, and disposing human excreta from insanitary latrines. The act of abolition would reach a completion only if a national apology is. The official definition of a manual scavenger in indian law from 1993 is as follows. Delhi commission for safai karamcharis act, 2006 no. The employment of manual scavengers and construction of dry latrines prohibition act, 1993 no. Manual scavengers usually use hand tools such as buckets, brooms and shovels. Manual scavenging act and municipal waste water workers in india policy and practice pgdel, national law school of india university 8 continuance of this inhuman practice of manual scavenging is a curse not only on those involved in this practice but on the country and putting an end to it is the responsibility of the country as a whole. Kerala to end the horror of manual scavenging with these robots. Mar 03, 2016 indias female scavengers enslaved by caste, gender discrimination. Org prohibition of employment as manual scavengers and their rehabilitation rules, 20 subject created date.
Accordingly, the parliament passed the prohibition of employment as manual scavengers and their rehabilitation act, 20 ms act, 20 which came into effect from 6 th december, 20. The prohibition of employment as manual scavengers and rehabilitation act, 20 no. Despite progress, manual scavenging persists in india. Solutions on the rehabilitation of manual scavengers were been enacted with the employment of manual scavengers and construction of dry latrines prohibition act, 1993. Of 625 districts, we have district collectors dcs from 278 districts. Bezwada wilson born 1966 is an indian activist and one of the founders and national convenor of the safai karmachari andolan ska, an indian human rights organization that has been campaigning for the eradication of manual scavenging, the construction, operation and employment of manual scavengers which has been illegal in india since 1993. This is the reason the above bodies have not taken a lead in removing manual scavengers. Prohibition of employment as manual scavengers and. Manual scavenging new act on anvil posted on february 18, 20 by srrf govt. Manual scavenging, caste, and discrimination in india hrw. A caste based and hereditary profession, which is handed down. The workers have to move the excreta, using brooms and tin.
The prohibition of employment as manual scavengers and. Yet, skepticism arose because the 2012 bill failed to define rehabilitation in the context of manual scavenging. Get all the latest news and updates on manual scavenging act only on. Unlike the existing law on manual scavenging enacted 20 years ago, the new proposed law also provides for rehabilitation of manual scavengers, but it still has many shortcomings. Users can get information on the act, its objectives, short title, definition and commencement. Aug 10, 2012 the manual scavenging act, 1993, has existed for the last 19 years. Microsoft word bill summary prohibition of employment as manual scavengers bill, 2012. Subsequent to coming into force of the prohibition of employment as manual scavengers and their rehabilitation act, 20 ms act, 20, the self employment scheme for the rehabilitation of manual scavengers srms was revised in november, 20 to provide the following benefits to the identified manual scavengers. Manual scavenging is the practice of manually cleaning, carrying, disposing or handling human and animal excreta from dry latrines, sewers and streets.
It has been officially prohibited by law in 1993 due to it being regarded as a caste based, dehumanizing practice if not done in a safe manner. Also, they generally blame contractors for any loss of life. Manual scavenging is historically linked to the practice of untouchability and the. Manual scavenging was banned 25 years ago with the passing of the employment of manual scavengers and construction of dry latrines prohibition act, 1993, but it continues to find practitioners. Act 20 prohibits the manual cleaning of sewers and septic tanks without protective equipment. In 20, prohibition of employment as manual scavengers and their rehabilitation bill, to ban manual scavenging and rehabilitate those who were forced to do it, was introduced. Jan 03, 2020 the prohibition of employment as manual scavengers and their rehabilitation act 20 or m. Indias female scavengers enslaved by caste, gender. Despite law prohibiting it, manual scavenging continues to claim lives. Apr 30, 2012 the union social justice ministry has asked the home ministry for details of cases filed by states for manual scavenging under the prevention of atrocities act poa act, even asking it to take up. Manual scavenging act and municipal waste water workers in india policy and practice pgdel, national law school of india university 3 declaration i, n. The existing law, employment of manual scavengers and construction of dry latrines prohibition or emscdl act, which was passed in 1993, also banned manual scavenging, but till date the practice of manual scavenging continues in india. But this act was not the first one to deal with manual scavenging.
They are subjected to ongoing, intergenerational torture, severe mental and physical pain rooted in caste based. After 25 years of broken promises, india is counting its. The existing law prohibiting manual scavenging was enacted under the state list. Parliament passes bill banning manual scavenging livemint. The 20 prohibition of manual scavenging act 20 is an important step in ending manual scavenging says asif shaikh from jan sahas, but much more needs to be done to ensure timebound and comprehensive rehabilitation of women and vulnerable communities that are trying to break free from manual scavenging. An act to provide for the prohibition of employment as manual scavengers, rehabilitation of manual scavengers and their families, and for matters connected therewith or incidental thereto. The scavengers crawl into the dry latrines and collect the human excreta with their bare hands, carry it as headload in a container to dispose it off.
Violations of the right to water and sanitation ohchr. Act 20 prohibits the manual cleaning of sewers and septic tanks without protective equipment, and the construction of insanitary latrines. In december 2012, a twomonth long march to end manual scavenging the maila mukti yatra crossed 18 indian states and. Call for atrocities act penalty for manual scavenging too. It focused on increasing the punishment for manual scavenging, and on rehabilitation and employment of those involved in manual scavenging. But it was only in 20 that the amended prohibition of employment as manual scavengers and their rehabilitation act recognised the more hazardous forms of the practice, including the work of sewer and septic tank cleaners. The death of five manual scavengers in delhi on sunday september 10 testifies to the fact.
Act, 1993 national commission for safai karamcharis act, 1993 finally new law. Act which prohibited the employment of manual scavengers for manually cleaning dry latrines and also the construction of dry toilets, that is, toilets that do not operate with a flush. Clearly, the authorities seem utterly confused when it comes to defining manual scavenging. Cleaning human waste, manual scavenging, caste and discrimination in india report. Stringent anti manual scavenging bill passed pti new delhi, september 08, 20 03. The manual scavenging bill2012 a critical analysis ias. Rehabilitating manual scavengers english, hindi manual scavenging refers to the practice of manually cleaning, carrying, disposing or handling in any manner, human excreta from dry latrines and sewers. Bill, 2012 introduced by the government was being analysed by various. A discussion about the prohibition of employment as manual scavengers and their rehabilitation bill, 2012 passed by the parliament in august. The 20 act outlaws all forms of manual scavenging, beyond just dry latrines, prescribes penalties for those who perpetuate the practice, protects those who actually engage in it, and obligates. Activists say the new billthe prohibition of employment as manual scavengers and their rehabilitation bill, 2012lacks teeth and clarity.
Sep 16, 20 a discussion about the prohibition of employment as manual scavengers and their rehabilitation bill, 2012 passed by the parliament in august 20. By keeping above objectives in view, this study begins with the introduction of labour welfare, meaning and problem of manual scavenging, evaluation of antimanual efforts of the government and reasons for failures of the government measures and continuance. Across the literature surveyed, we f ind that the act of. It often involves using the most basic of tools such as buckets, brooms and baskets. Meet this couple out of nagpur who have tackled manual scavenging in their communities. Manual scavenging in india is a human rights violation. The bill was introduced in lok sabha in september 2012 by then minister of social justice and empowerment mukul wasnik. In 20, new legislation within the variety of manual scavengers act was passed that seeks to bolster this ban by prohibiting manual scavenging all together forms and rehabilitation of manual scavengers to be known through a compulsory survey.
Information related to sections of the act is given. The manual scavenging bill 2012 a critical analysis the prohibition of employment as manual scavengers and their rehabilitation bill2012 was introduced in the lok sabha in september 2012 with a commitment of removing the historically iniquitous, casteordained practice of. Manual scavenging law not implemented effectively the. Manual scavenging in india reasons and responses upsc. The prohibition of employment as manual scavengers. Community o f practice 2012, bha ttarjee 2 014 and. Jan 12, 2018 kerala to end the horror of manual scavenging with these robots. The prohibition of employment as manual scavengers and their rehabilitation act, 20. Cabinet has cleared bill on manual scavenging, court told. Prohibition of employment as manual scavengers and their. The manual scavengers and construction of dry latrines prohibition act enacted in 1993 by the government of india prohibits manual scavenging in the country. The work is being regarded as a castebased, dehumanizing practice.
Once manual scavengers, nagpur couple create better lives for. Social inclusion of manual scavengers, report of national round table discussion, new delhi, december 21, 2012. However, the act doesnt define what constitutes protective gear employers exploit this provision. The manual scavenging bill 2012 a critical analysis the prohibition of employment as manual scavengers and their rehabilitation bill 2012 was introduced in the lok sabha in september 2012 with a commitment of removing the historically iniquitous, casteordained practice of manually handing human waste. The prohibition of employment as manual scavengers and their rehabilitation bill2012 was introduced in the lok sabha in september 2012 with a commitment of removing the historically iniquitous, casteordained practice of manually handing human waste. Aug 28, 2012 employment of manual scavengers by local bodies to clear blocked drainssewers. In september 2012, a new and expanded bill on manual scavenging was submitted to the indian parliament. In december 2012, a twomonth long march to end manual scavenging the maila mukti yatra crossed 18 indian states and liberated thousands of dalit scavengers. Be it enacted by parliament in the sixtythird year of the republic of india as follows. It seeks to rehabilitate manual scavengers and provide for their alternative employment. The prohibition of employment as manual scavengers and their rehabilitation act and rule organisations under the division allocation for welfare of scheduled castes eutthaan. The employment of manual scavengers and construction of dry latrines prohibition act was passed by the parliament in 1993, and set imprisonment of up to one year and a fine of rs 2,000 for pushing a person to manual scavenging. The prohibition of employment as manual scavengers and their rehabilitation bill, 2012 a bill to provide for the prohibition of employment as manual scavengers, rehabilitation of manual scavengers and their families, and for matters connected therewith or incidental thereto. It was hoped that the proposed law would make up for the failings of the existing law.
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